197Termination of infrastructure licence if no operations for 5 years

#### 197 Termination of infrastructure licence if no operations for 5 years Termination of licence (1) If an infrastructure licence is in force, and the licensee: (a) has not carried out any construction work under the licence at any time during a continuous period of at least 5 years; and (b) has not used the infrastructure facilities constructed under the licence at any time during a continuous period of at least 5 years; the Joint Authority may, by written notice given to the licensee, tell the licensee that the Joint Authority proposes to terminate the infrastructure licence after the end of 30 days after the notice is given. (2) At any time after the end of 30 days after the notice referred to in subsection (1) is given to the licensee, the Joint Authority may, by written notice given to the licensee, terminate the infrastructure licence. > Note: For remedial directions following termination, see section 587 or 587A. (3) In working out, for the purposes of subsection (1): (a) the period in which an infrastructure licensee did not carry out any construction work under the licence; or (b) the period in which an infrastructure licensee did not use the infrastructure facilities constructed under the licence; disregard any period in which construction work was not carried out, or the infrastructure facilities were not used, as the case may be, because of circumstances beyond the licensee’s control. (4) For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee’s control. > Note: See also section 780 (compensation for acquisition of property). Consultation (5) The Joint Authority may give a copy of a notice under subsection (1) to such other persons (if any) as the Joint Authority thinks fit. (6) A notice under subsection (1) must: (a) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal to terminate the licence; and (b) specify a time limit for making that submission. > Note: All communications to the Joint Authority are to be made through the Titles Administrator—see section 63. (7) In deciding whether to terminate the licence, the Joint Authority must take into account any submissions made in accordance with the notice.